Rahul Dev.D v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 WP(Crl.).No. 321 of 2015 (S) --------------------------------- PETITIONER:
-------------- RAHUL DEV.D, AGED 26 YEARS S/O. DEVADASAN N, RESIDING AT RAHUL SADANAM T.C 76/2155(2), ANAYARA P.O.
THIRUVANANTHAPURAM - 695 029.
BY ADVS. SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENTS:
-----------------
1. STATE OF KERALA REPRESENTED BY SECRETARY TO HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 009.
2. THE DIRECTOR GENERAL OF POLICE OFFICE OF THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, VAZHUTHACADU THIRUVANANTHAPURAM - 695 004.
3. CIRCLE INSPECTOR OF POLICE PETTA POLICE STATION THIRUVANANTHAPURAM DISTRICT - 695 029.
4. THE STATION HOUSE OFFICER PETTA POLICE STATION THIRUVANANTHAPURAM DISTRICT - 695 029.
5. SOMASEKHARAN NAIR RESIDING AT HARISHREE, TC 76/117, MUGHAKAD LINE ANAYARA P.O., THIRUVANANTHAPURAM DISTRICT - 695 029.
6. SOMAN NAIR RESIDING AT ARCHANA NIVAS, TC 79/2619 NEAR LOARDS HOSPITAL THIRUVANANTHAPURAM DISTRICT - 695 029.
BY SR. GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 321 of 2015 (S) --------------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------------- Ext.P1 - TRUE COPY OF THE VOTERS IDENTITY CARD OF THE DETINUE. Ext.2 - THE COPIES OF THE PHOTOGRAPH THAT EVIDENCING THE AUQUAINTANCE OF THE PETITIONE WITH THE RESPONDENT. .........
P. R. RAMACHANDRA MENON & BABU MATHEW P. JOSEPH, JJ.
------------------------------------------------ ------------------------------------------------ Dated this the 22nd day of July, 2015
JUDGMENT
P. R. Ramachandra Menon, J.
The petitioner has approached this Court with the following prayers:- "
i.
a writ of Habeas Corpus commanding the respondents to cause the production of the 5th respondent's daughter the detenue aged 26 years who is now kept in illegal detention by the 5th and 6th respondent at some place within the State of Kerala, before this Honourable Court and set her at liberty, forthwith;
ii.
be further pleased to issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case."
2. The learned Government Pleader submits that pursuant to the interim order passed by this Court on 17/07/2015, a Woman Civil Police Officer, not in uniform, was deputed and a statement of the detenue was recorded
-2not in the presence of the parents as specifically directed by this Court; a copy of which is placed before us for consideration. As per the said statement, the learned Government Pleader submits, the detenue has told the Woman Civil Police Officer that she is not in illegal confinement of any body and that she is residing with her parents.
3. The learned counsel for the petitioner seeks for permission of this Court to withdraw this writ petition. Permission is granted. Accordingly, this writ petition is dismissed as withdrawn. We are not observing anything with regard to the merits of the case.
Sd/- P. R. RAMACHANDRA MENON JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE
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